(영문) 대구지방법원 2018.08.30 2018노1245 | 리걸엔진

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(영문) 대구지방법원 2018.08.30 2018노1245

명예훼손

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding and legal principles, the Defendant merely expressed the victim’s opinion demanding the business members to have a telephone call at night, and there was no statement of fact, and in light of the relationship between 3, such as I who was present at the time and Ma, etc., the Defendant’s speech is not recognized as having no possibility of spreading.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case and the victim C occupy D, respectively, the chain store of a seller of infant goods for young children, and the victim and the defendant occupy E and the defendant F.

Between March 18, 2015 20:00 to 21:00, the Defendant: (a) was an employee I, J, and K’s shop meal with D’s employee I, and K’s shop meal with D’s trading company; (b) the Defendant was an employee of the H, J, and infant supplies selling company; (c) despite that the Defendant was not a inhumane relationship with the victim, the Defendant was not a “C (victim)” with the head of the H business team (M) and the telephone call on the new wall; and

We do so, as you do so.

“The honor of the victim was damaged by openly pointing out false facts.”

B. The lower court found the Defendant guilty of charges and sentenced a fine of one million won, by taking account of the evidence in its judgment.

As to the defendant's defense counsel, according to each evidence, it is recognized that the defendant made a statement as to the facts constituting the crime, and that the defendant made a statement that he was not M with the victim.

It can not be said that the relationship is simply an expression of opinion.

In addition, I have a close relationship so that I will keep the victim's secret.

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